General Purpose Commercial Information Technology Equipment, Software, and Services

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1 General Services Administration Authorized IT Schedule Price List Federal Supply Service Schedule 70 General Purpose Commercial Information Technology Equipment, Software, and Services Conttractt Number:: GS--35F--0861N Conttractt Periiod:: AUG 27,, 2003 AUG 25,, 2008 Speciiall IIttem Numbers:: Purchase of Equipment Maintenance, Repair Services and Repair Parts/Spare Parts Perpetual Software Licenses Maintenance of Software Training Courses Information Technology Professional Services

2 Generall Serviices Admiiniisttrattiion Autthoriized IIT Schedulle Priice Liistt Federall Supplly Serviice Schedulle 70 General Purpose Commercial Information Technology Equipment, Software, and Services SoffttConceptt,, IInc Waples Mill Road, Suite 400 Fairfax, VA Telephone: (571) Fax: (571) Web: Contract Number: GS-35F-0861N Contract Period: AUG 27, 2003 AUG 25, 2008 Special Item Numbers: Purchase of Equipment Maintenance, Repair Services and Repair Parts/Spare Parts Perpetual Software Licenses Maintenance of Software Training Courses Information Technology Professional Services

3 TABLE OF CONTENTS INFORMATION FOR ORDERING...1 SPECIAL NOTICE TO AGENCIES: SMALL BUSINESS PARTICIPATION GEOGRAPHIC SCOPE OF CONTRACT CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION LIABILITY FOR INJURY OR DAMAGE STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM FOB DESTINATION DELIVERY SCHEDULE DISCOUNTS TRADE AGREEMENTS ACT OF 1979, AS AMENDED STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING SMALL REQUIREMENTS: MAXIMUM ORDER USE OF FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE CONTRACTS FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS SECURITY REQUIREMENTS CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES GSA ADVANTAGE! PURCHASE OF OPEN MARKET ITEMS CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS OVERSEAS ACTIVITIES BLANKET PURCHASE AGREEMENTS (BPAS) CONTRACTOR TEAM ARRANGEMENTS INSTALLATION, DE-INSTALLATION, AND RE-INSTALLATION SECTION 508 COMPLIANCE PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES...9 TERMS AND CONDITIONS...10 A. SPECIAL ITEMS GENERAL PURPOSE COMMERCIAL IT EQUIPMENT...10 B. SPECIAL ITEMS MAINTENANCE, REPAIR SERVICE, & REPAIR PARTS...13 C. SPECIAL ITEMS & PERPETUAL SOFTWARE LICENSES AND MAINTENANCE18 D. SPECIAL ITEMS TRAINING COURSES...23 E. SPECIAL ITEMS INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES...27 SOFTCONCEPT LABOR CATEGORY DESCRIPTIONS EDUCATION AND EXPERIENCE EQUIVALENCY SUBSTITUTION TABLE PROGRAM MANAGER PRINCIPAL SYSTEMS ARCHITECT SENIOR SYSTEMS ENGINEER INTERMEDIATE SYSTEMS ENGINEER JUNIOR SYSTEMS ENGINEER PRINCIPAL SOFTWARE ARCHITECT SENIOR SOFTWARE ENGINEER INTERMEDIATE SOFTWARE ENGINEER JUNIOR SOFTWARE ENGINEER PRINCIPLE DATABASE ARCHITECT SENIOR DATABASE ENGINEER INTERMEDIATE DATABASE ENGINEER JUNIOR DATABASE ENGINEER PRINCIPLE NETWORK ARCHITECT SENIOR NETWORK ENGINEER INTERMEDIATE NETWORK ENGINEER...40 SoftConcept, Inc. i

4 TABLE OF CONTENTS 18. JUNIOR NETWORK ENGINEER PRINCIPAL INTERNET ARCHITECT SENIOR INTERNET ENGINEER INTERMEDIATE INTERNET ENGINEER JUNIOR INTERNET ENGINEER PRINCIPLE IA ARCHITECT SENIOR IA ENGINEER INTERMEDIATE IA ENGINEER JUNIOR IA ENGINEER...43 SOFTCONCEPT GSA CUMMULATIVE PRICELIST CHART BASE YEAR OPTION YEAR OPTION YEAR OPTION YEAR OPTION YEAR SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAM...49 BLANKET PURCHASE AGREEMENT...50 BASIC GUIDELINES FOR USING CONTRACTOR TEAM ARRANGEMENTS...53 SoftConcept, Inc. ii

5 INFORMATION FOR ORDERING INFORMATION FOR ORDERING SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals. For orders exceeding the micropurchase threshold, FAR requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service ( The catalogs/pricelists, GSA Advantage! and the Federal Supply Service Home Page ( contain information on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1. Geographic Scope of Contract The Contractor s GSA Schedule Price List covers a geographic scope of the 48 contiguous states, Washington D.C., Alaska, Hawaii, Puerto Rico, and such other overseas locations as determined on an order-by-order basis. 2. Contractor's Ordering Address and Payment Information Ordering Information SoftConcept, Inc Waples Mill Road, Suite 400 Fairfax, Virginia Phone: (571) Fax: (571) Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance: (571) SoftConcept, Inc. 1

6 INFORMATION FOR ORDERING 3. Liability for Injury or Damage The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor. 4. Statistical Data for Government Ordering Office Completion of Standard Form 279 Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS): Block 30: Type of Contractor: Information Technology A. Small Disadvantaged Business Block 31: Woman-Owned Small Business: No Block 36: Contractor s Taxpayer Identification Number (TIN): a. CAGE Code: 1NJP7 4b. Contractor has registered with the Central Contractor Registration Database. 5. FOB Destination 48 Contiguous States & Washington, DC 6. Delivery Schedule a. Time of Delivery: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below: Special Item Number Days Days Delivery Time (Days ARO) Special Item Number Days Expedited Delivery Time (Days ARO) b. Urgent Requirements: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. SoftConcept, Inc. 2

7 INFORMATION FOR ORDERING 7. Discounts Prices shown are NET Prices; Basic Discounts have been deducted. a. Prompt Payment: 0% - Zero (0) days from receipt of invoice or date of acceptance, whichever is later. b. Quantity: 0 c. Dollar Volume: 0 d. Government Educational Institutions: Government Educational Institutions are offered the same discounts as all other Government customers. e. Other: N/A 8. Trade Agreements Act of 1979, As Amended All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended. 9. Statement Concerning Availability of Export Packing FAR & FAR Small Requirements: The minimum dollar value of orders to be issued is $2, Maximum Order All dollar amounts are exclusive of any discount for prompt payment. a. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000.00: Special Item Number Purchase of Equipment Special Item Number Perpetual Software Licenses Special Item Number Information Technology (IT) Professional Services b. The Maximum Order value for the following Special Item Numbers (SINs) is $25,000.00: Special Item Number Training Courses c. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000.00: Special Item Number Repair Parts/Spare Parts ONLY Note: Maximum Orders do not apply to Special Item Numbers Maintenance and Repair Service (except for Repair Parts/Spare Parts) or Maintenance of Software. Special Item Number is $1,000, Use of Federal Supply Service Information Technology Schedule Contracts In accordance with FAR 8.404: SoftConcept, Inc. 3

8 INFORMATION FOR ORDERING [NOTE: Special ordering procedures have been established for Special Item Numbers (SINs) IT Professional Services and EC Services; refer to the terms and conditions for those SINs.] Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing orders under Federal Supply Schedules, ordering activities need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing an order against a schedule using the procedures outlined below, the ordering activity has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the ordering activity s needs. a. Orders placed at or below the micro-purchase threshold. ordering activities can place orders at or below the micro-purchase threshold with any Federal Supply Schedule Contractor. b. Orders exceeding the micro-purchase threshold but not exceeding the maximum order threshold. Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing an order, ordering activities should consider reasonably available information about the supply or service offered under MAS contracts by using the GSA Advantage! on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the ordering activity s needs. In selecting the supply or service representing the best value, the ordering activity may consider-- (1) Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service; (2) Trade-in considerations; (3) Probable life of the item selected as compared with that of a comparable item; (4) Warranty considerations; (5) Maintenance availability; (6) Past performance; and (7) Environmental and energy efficiency considerations. c. Orders exceeding the maximum order threshold. Each schedule contract has an established maximum order threshold. This threshold represents the point where it is advantageous for the ordering activity to seek a price reduction. In addition to following the procedures in paragraph b, above, and before placing an order that exceeds the maximum order threshold, ordering activities shall-- Review additional Schedule Contractors (1) Catalogs/pricelists or use the GSA Advantage! on-line shopping service; (2) Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and (3) After price reductions have been sought, place the order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative. If further price reductions are not offered, an order may still be placed, if the ordering activity determines that it is appropriate. SoftConcept, Inc. 4

9 INFORMATION FOR ORDERING NOTE: For orders exceeding the maximum order threshold, the Contractor may: (1) Offer a new lower price for this requirement (the Price Reductions clause is not applicable to orders placed over the maximum order in FAR Order Limitations); (2) Offer the lowest price available under the contract; or (3) Decline the order (orders must be returned in accordance with FAR ). d. Blanket Purchase Agreements (BPAs). The establishment of Federal Supply Schedule BPAs is permitted when following the ordering procedures in FAR All schedule contracts contain BPA provisions. ordering activities may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times. e. Price Reductions. In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering activities will find it advantageous to request a price reduction. For example, when the ordering activity finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous. The potential volume of orders under these agreements, regardless of the size of the individual order, may offer the ordering activity the opportunity to secure greater discounts. Schedule Contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order. f. Small Business. For orders exceeding the micro-purchase threshold, ordering activities should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement. g. Documentation. Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid. If an ordering activity requirement, in excess of the micro-purchase threshold, is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering activity shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the ordering activity s needs. 13. Federal Information Technology/Telecommunication Standards Requirements Ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor. a. Federal Information Processing Standards Publications (FIPS PUBS) Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be SoftConcept, Inc. 5

10 INFORMATION FOR ORDERING referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) b. Federal Telecommunication Standards (FED-STDS) Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202) Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) Security Requirements In the event security requirements are necessary, the ordering activities may incorporate, in their delivery orders, a security clause in accordance with current laws, regulations, and individual ordering activity policy; however, the burden of administering the security requirements shall be with the ordering activity. If any costs are incurred as a result of the inclusion of security requirements, such costs will not exceed ten percent (10%) or $100,000.00, of the total dollar value of the order, whichever is less. 15. Contract Administration for Ordering Activities Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR , paragraphs (l) Termination for the ordering activity s convenience, and (m) Termination for Cause (See C.1.) 16. GSA Advantage! GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to: (1) Manufacturer; (2) Manufacturer's Part Number; and (3) Product Categories. Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is Purchase of Open Market Items NOTE: Open Market Items are also known as incidental items, noncontract items, non-schedule items, and items not on a Federal Supply Schedule contract. SoftConcept, Inc. 6

11 INFORMATION FOR ORDERING For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if- (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18. Contractor Commitments, Warranties, and Representations a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract: (1) Time of delivery/installation quotations for individual orders; (2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. 19. Overseas Activities The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: Hawaii, Alaska & Overseas Locations Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20. Blanket Purchase Agreements (BPAs) Federal Acquisition Regulation (FAR) (a) defines Blanket Purchase Agreements (BPAs) as a simplified method of filling anticipated repetitive needs for supplies or services by establishing charge accounts with qualified sources of supply. The use of Blanket Purchase Agreements under the Federal Supply Schedule Program is authorized in accordance with FAR (c)(3), which reads, in part, as follows: SoftConcept, Inc. 7

12 INFORMATION FOR ORDERING BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with the terms of the applicable schedule contract. Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up accounts with Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool. 21. Contractor Team Arrangements Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses , Contractor s Reports of Sales and , Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. 22. Installation, De-Installation, and Re-Installation The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN Section 508 Compliance If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following: The EIT standard can be found at: SoftConcept, Inc. 8

13 INFORMATION FOR ORDERING 24. Prime Contractor Ordering From Federal Supply Schedules Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order (a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and (b) The following statement: This order is placed under written authorization from dated. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. SoftConcept, Inc. 9

14 TERMS AND CONDITIONS TERMS AND CONDITIONS A. Special Items General Purpose Commercial IT Equipment Terms and Conditions Applicable To Purchase of General Purpose Commercial Information Technology Equipment (Special Item Number (132-8)) 1. Material and Workmanship All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2. Order Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs, telephone orders are permissible. 3. Transportation of Equipment FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. Installation and Technical Services a. Installation. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule: The Network Traffic Analysis System (NTAS) is a fully integrated system. The equipment provided under this contract is not normally self-installable. The Contractor's technical personnel shall be available to the ordering agency, at the ordering agency's location, to install the equipment and to train ordering agency personnel in the use and maintenance of the equipment. The IT professional services are provided and charges are based according to the level of personnel required and rates are listed under the Terms & Conditions of (SIN ). Note: The firm-fixed price shall be based on the rates in the schedule contract and shall consider the mix of labor categories and level of effort required to perform the services described in the statement of work. The FFP of the order should also include any travel costs or other incidental costs related to performance of the services ordered, unless the order provides for reimbursement of travel costs at the rates provided in the Federal Travel or Joint Travel Regulations. A ceiling price must be established for labor-hour and time-and-materials orders. b. Installation, De-Installation, Re-Installation. The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. SoftConcept, Inc. 10

15 TERMS AND CONDITIONS However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN c. Operating and Maintenance Manuals. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. Inspection/Acceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. Warranty a. Unless specified otherwise in this contract, the Contractor s standard commercial warranty as stated in the contract s commercial pricelist will apply to this contract. The Contractor shall provide one (1) year warranty on the Network Traffic Analysis System (NTAS). It is the Customer s responsibility to package and ship the damaged equipment to the Contractor. All shipping and handling charges incurred shall be paid by the Contractor. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: SoftConcept, Inc Waples Mill Road, Suite 400 Fairfax, VA Purchase Price for Ordered Equipment The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less. 8. Responsibilities of the Contractor The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer. SoftConcept, Inc. 11

16 TERMS AND CONDITIONS 9. Trade-In of Information Technology Equipment When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR ), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part ). SoftConcept, Inc. 12

17 TERMS AND CONDITIONS B. Special Items Maintenance, Repair Service, & Repair Parts Terms and Conditions Applicable To Maintenance, Repair Service, and Repair Parts/Spare Parts for Government-Owned; General Purpose Commercial IT Equipment (After Expiration of Guarantee/Warranty Provisions And/Or When Required Service Is Not Covered By Guarantee/Warranty Provisions) And For Leased Equipment (Special Item Number (132-12) NOT APPLICABLE ALL SERVICES COVERED WITHIN ONE (1) YEAR WARRANTY SERVICE 1. Service Areas a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a N/A mile radius of the Contractor's service points. If any additional charge is to apply because of the greater distance from the Contractor's service locations, the mileage rate or other distance factor shall be stated in paragraphs 7.d and 8.d of this Special Item Number a. When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the Contractor's plant(s) listed below: SoftConcept, Inc Waples Mills Road, Suite 305 Fairfax, VA Maintenance Order a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number ). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. c. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date. d. Annual Funding. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period, the ordering activity may SoftConcept, Inc. 13

18 TERMS AND CONDITIONS place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. f. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 3. Repair Service and Repair Parts/Spare Parts Orders a. Agencies may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered, only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees, in advance, that additional repair personnel are required to effect repairs. 4. Loss or Damage When the Contractor removes equipment to his establishment for repairs, the Contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation. 5. Scope a. The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering activity during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number (or outside the scope of this contract). 6. Responsibilities of the Ordering Activity a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor. b. Subject to security regulations, the ordering activity shall permit access to the equipment which is to be maintained or repaired. 7. Responsibilities of the Contractor SoftConcept, Inc. 14

19 TERMS AND CONDITIONS For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification. 8. Maintenance Rate Provisions a. The Contractor shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the ordering activity. b. Regular Hours. The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location. c. After Hours. Should the ordering activity require that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour. d. Travel and Transportation. If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor's service area, the charge will be: NONE e. Quantity Discounts Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: Quantity Range Discounts 0 Units 0 % 9. Repair Service Rate Provisions a. Charges. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work, and, when applicable, the charge for travel or transportation. b. Multiple Machines. When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other, the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable. c. Travel or Transportation (1) Contractor s Shop (a) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision, the cost of transportation, packing, etc., from the ordering activity location to the Contractor's plant, and return to the ordering activity location, shall be borne by the ordering activity. SoftConcept, Inc. 15

20 TERMS AND CONDITIONS (b) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction. (2) Ordering Activity Location (Within Established Service Areas) When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge, time, or expense will be allowed for travel or transportation of repairmen or machines to or from the ordering activity office; such overhead is included in the repair service rates listed. (3) Ordering Activity Location (Outside Established Service Areas) (a) The repair service rates listed for subparagraph (2) above apply, except that a travel charge of N/A per mile for repairmen will apply to the round-trip distance between the geographic limits of the applicable service area and the ordering activity location. Such charge will apply as an additional charge, but it will be limited to one round trip for each request that is made by the ordering activity for repair service, regardless of whether repairs are performed at the ordering activity location or at the Contractor's shop. (b) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel, actual and necessary transportation costs, and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location), the ordering activity shall have the option of reimbursing the Contractor for actual costs, provided that the actual costs are reasonable and allowable. The Contractor shall furnish the ordering activity with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates, times, and the applicable mode of travel. d. Labor Rates (1) Regular Hours. The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of the Contractor. (2) After Hours. When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity location, the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours, but performed After Hours at the convenience of the Contractor. (4) Sundays and Holidays. When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location, the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours, but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location, the Regular Hours and/or After Hours repair service rates, as applicable, shall apply. SoftConcept, Inc. 16

21 TERMS AND CONDITIONS REPAIR SERVICE RATES Location Contractor s Shop Ordering Activity Location (Within Established Service Areas) Ordering Activity Location (Outside Established Service Areas) Minimum Charge* N/A N/A N/A *Minimum Charges Include N/A Full Hours on the job. Regular Hours Per Hours** After Hours Per Hours** **Fractional Hours, at the end of the job will be pro-rated to the nearest quarter hour. Sundays & Holidays Per Hour 10. Repair Parts/Spare Parts Rate Provisions All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated N/A, at a discount of N/A % from such listed prices. 11. Guarantee/Warranty Repair Service and Repair Parts/Spare Parts a. Repair Service. All repair work will be guaranteed/warranted for a period of One (1) Year Warranty. b. Repair Parts/Spare Parts. All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period One (1) Year. 12. Invoices and Payments a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice, and shall be priced in accordance with paragraph #10, above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. SoftConcept, Inc. 17

22 TERMS AND CONDITIONS C. Special Items & Perpetual Software Licenses and Maintenance Terms and Conditions Applicable To Perpetual Software Licenses (SIN ) and Maintenance (SIN ) of General Purpose Commercial Information Technology Software. 1. Inspection/Acceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. The Government will accept or reject the Network Traffic Analysis System (NTAS) in writing at the time of delivery. Acceptance is automatic and final if written acceptance or rejection is not received by SoftConcept within five (5) calendar days from the date of delivery. 2. Guarantee/Warranty a. Unless specified otherwise in this contract, the Contractor s standard commercial guarantee/warranty as stated in the contract s commercial pricelist will apply to this contract. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 3. Technical Services The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (571) or via for the purpose of providing user assistance and guidance in the installation and basic operation of the NTAS software. The technical support number is available from 9:00 A.M to 5:00 P.M. Eastern Standard Time. SoftConcept does not guarantee immediate response to inquiries regarding installation and operation of the NTAS (GOTS) software; however, SoftConcept shall respond with five (5) working days to any telephone or inquiries regarding the operation of the NTAS. Service: 1. Telephone Software Support (TSS). TSS provides telephone support for problem determination/resolution of SoftConcept developed software as well as on-demand distribution of maintenance releases and updates for these software products. a. Deliverables/Features Support Telephone Support from 9:00 A.M. to 5:00 P.M. EST, Monday through Friday, excluding Government holidays Problem escalation as needed Distribution of software maintenance releases and updates as requested b. Delivery Method SoftConcept, Inc. 18

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